Arkansas Alcohol-Related Laws
This information is provided to inform you of some of the alcohol related
laws in the state of Arkansas. This is not an all-inclusive list, and the
laws listed have been abbreviated. Note that the penalties listed are the
minimum and maximums according to law, and subsequent offenses (especially
with the DWI and DUI laws) can include substantially harsher penalties.
If you need more information on any of these, or other, laws, please
contact the University of Arkansas Police Department.
Unknowingly Furnishing or Selling Alcohol to
Minor
3-3-201(a): The sale, giving away, or other disposition of intoxicating
liquor to a minor is declared to be a misdemeanor.
Penalties
- 1st offense: Fire - $200 to $500
- 2nd or subsequent offense: Jail Time - No less than 1 year; Fine -
$500 to $1000
Knowingly Furnishing or Selling Alcohol to
Minor
3-3-202(a)(1) It shall be unlawful for any person knowingly … furnish any
alcoholic beverage to any person under 21 years of age.
Penalties
- 1st offense: Misdemeanor; Jail Time - No more than 10 days; Fine -
No more than $500
- 2nd or subsequent offense: Felony; Jail Time - 1 to 5 years; Fine -
No more than $500
Minor in Possession of Alcohol
3-3-203(a)(1) It shall be unlawful for any person under the age of 21
years to purchase or have in possession any intoxicating liquor, wine, or
beer. (b) It shall also be unlawful for any adult to purchase on behalf
of a person under the age of 21 years any intoxicating liquor, wine, or
beer.
Penalties
- 1st offense: Misdemeanor; Fine - $100 to $500; Theme or essay on
liquors, wine, or beer; Probation
- 2nd or subsequent offense: Same as 1st offense
Manufacturing or Altering Personal Identification
Document
5-27-502(a) It shall be unlawful for a person to: (1) manufacture or
produce fraudulent personal identification documents for the purpose of
purchasing alcoholic beverages…; or (3) sell or otherwise distribute such
fraudulent personal identification documents to a person under 21.
Penalties
- 1st offense: Class C Felony; Jail Time - 3 to 10 years; Fine - No
more than $10,000
- 2nd or subsequent offense: Class B Felony; Jail Time - 5 to 20 years;
Fine - No more than $15,000
Possession of Fraudulent or Altered Personal Identification
Document
5-27-503(a) It shall be unlawful for: (1) a person to possess a
fraudulent or altered personal identification document for the purpose of
providing a person under 21 identification which can be used for the
purpose of purchasing alcoholic beverages…; (2) a person under 21 to
possess a fraudulent of altered personal identification document which can
be used for the purpose of purchasing alcoholic beverages…; or (3) a
person under 21 to attempt to use a fraudulent or altered personal
identification document for the purpose of purchasing alcoholic beverages
illegally…
Penalties
- 1st offense: Class B Misdemeanor; License Suspended - Offenders
under 18, 1 year of until 18th birthday; Jail Time - No more than 90
days; Fine - No more than $500
- 2nd or subsequent offense: Class A Misdemeanor; License Suspended -
Offenders under 18, 1 year or until 18th birthday; Jail Time - No more
than 1 year; Fine - No more than $1,000
Public Intoxication and Drinking in Public
5-71-212(a) A person commits the offense of public intoxication if he
appears in a public place manifestly under the influence of alcohol or a
controlled substance to the degree and under circumstances such that he is
likely to endanger himself or other persons or property, or that he
unreasonably annoys persons in his vicinity. (c) A person commits the
offense of drinking in public if that person consumes any alcoholic
beverages in any public place, on any highway or street, or upon any
passenger coach…or in or upon any vehicle commonly used for the
transportation of passengers, or…other public place other than a place of
business licensed to sell alcoholic beverages for consumption on the
premises.
Penalties
- 1st offense: Class C Misdemeanor: Jail Time - No more than 30
days; Fine - No more than $100
- 2nd or subsequent offense: Same as 1st offense
Unlawful Use of License
27-16-302 It is a misdemeanor for any person: (1) To display, …or permit
to be displayed, or have in his possession any canceled, revoked,
suspended, fictitious, or fraudulently altered driver's license; (2) To
knowingly assist or permit any other person to apply for or obtain through
fraudulent application or other illegal means any Arkansas driver's
license; (3) To lend his driver's license to any other person or knowingly
permit its use by another; (4) To display or represent as one's own any
driver's license not issued to him…(6) To use a false or fictitious name
in any application for a driver's license, or to knowingly make a false
statement, or to knowingly conceal a material fact or otherwise commit a
fraud in any application; (7) To permit any unlawful use of a driver's
license issued to him; or (8) To do any act forbidden or fail to perform
any act required by this act.
Penalties
- 1st offense: Misdemeanor; Jail Time - Determined by court; Fine -
No more than $500
- 2nd or subsequent offense: Same as 1st offense
Driving While Intoxicated
5-65-103(a) It is unlawful…for any person who is intoxicated to operate
or be in actual physical control of a motor vehicle. (b) It is unlawful
for any person to operate or be in actual physical control of a motor
vehicle if there was 0.08% or more by weight of alcohol in the person's
blood as determined by a chemical test…
Penalties for 1st Offense (Penalties increase for 2nd
and subsequent offenses)
- License seized upon arrest
- License suspended - 120 days (alcohol), 6 months (drugs)
- Jail Time - 24 hours to 1 year, or public service
- Fine - $150 to $1000
- Alcohol Treatment or Education Program
- Use of ignition interlock device
- (No plea bargaining nor probation)
Driving Under the Influence
5-65-303(a) It is unlawful for any underage person to operate a motor
vehicle while under the influence of an alcoholic beverage or similar
intoxicant. (b) It is unlawful for any underage person to operate a
motor vehicle if there was 0.02% but less than 0.08% by weight of alcohol
in the person's blood as determined by a chemical test.
Penalties for 1st Offense (Penalties increase for 2nd
and subsequent offenses)
- License seized upon arrest
- License suspended - 90 to 120 days
- Fine - $100 to $500
- Public Service
- Alcohol and Driving Education Program
- No plea bargaining nor probation
Violation of Implied Consent Law
5-65-202(a) and 5-65-309(a) Any person who operates a motor vehicle …
shall be deemed to have given consent … to a chemical test .. of his or
her blood, breath, or urine for the purpose of determining the alcohol or
controlled substance content of his or her blood …
Penalties for 1st Offense (These penalties are for DWI
or DUI if also charged with VICL)
- License seized upon arrest
- License suspended - 180 days for DWI, 90 to 180 days for DUI